[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Rules and Regulations]
[Pages 66453-66454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25484]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2021-0279; Airspace Docket No. 21-AGL-13]
RIN 2120-AA66
Amendment of V-36 and V-316, and Revocation of V-180 Due to
Planned Decommissioning of the Elliot Lake and Dryden Non-Directional
Beacons (NDBs) Ontario, Canada
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action amends VHF Omnidirectional Range (VOR) Federal
airways V-36 and V-316; and revokes VOR Federal airway V-180, in the
northeastern United States. This action is necessary due to the planned
decommissioning of the Elliot Lake, Ontario, Canada, NDB and the
Dryden, Ontario, Canada, NDB. Both NDBs are being decommissioned as
part of NAV CANADA's navigational aid (NAVAID) Modernization Program.
DATES: Effective date 0901 UTC, January 27, 2022. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA JO Order 7400.11
and publication of conforming amendments.
ADDRESSES: FAA JO Order 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Rules and Regulations Group, Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone: (202) 267-8783. FAA JO Order 7400.11F is also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of FAA JO Order 7400.11F at NARA,
email: [email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
FOR FURTHER INFORMATION CONTACT: Jesse Acevedo, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it modifies the Federal airway structure in the
northeastern United States to maintain the efficient flow of air
traffic within the National Airspace System.
History
The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2021-0279, in the Federal Register (86 FR 24803; May 10, 2021)
amending V-36 and V-316; and revoking V-180. The proposed action
mirrors the changes planned in Canada's airspace in support of NAV
CANADA's Navigational Aid Modernization program. Interested parties
were invited to participate in this rulemaking effort by submitting
written comments on the proposal. No comments were received.
Subsequent to the NPRM, the FAA published a rule for Docket No.
FAA-2020-0496, in the Federal Register (86 FR 62721, November 12, 2021)
amending V-36 by removing the airway segment between the Buffalo, NY,
VOR/DME and the Elmira, NY, VOR/DME. That airway amendment, also
effective January 27, 2022, is included in this rule.
VOR Federal airways are published in paragraph 6010(a) of FAA JO
Order 7400.11F, dated August 10, 2021, and effective September 15,
2021, which is incorporated by reference in 14 CFR 71.1. The airways
listed in this document will be published subsequently in FAA JO Order
7400.11.
Differences From the NPRM
In the NPRM published for Docket No. FAA-2021-0279, the FAA has
identified an editorial error in describing the proposed amendments to
V-36. In the proposal section of the NPRM, two separate airway segments
were proposed to be removed from V-36. The first V-36 airway segment
proposed for removal was identified correctly, but the second airway
segment proposed for removal extended beyond what was actually under
consideration. The proposed airway segment that was identified
incorrectly was listed as ``between the Sault Ste. Marie, MI, VOR/DME
and the intersection of the La Guardia, NY, VOR/DME 310[deg] and
Stillwater, NJ, VOR/DME 043[deg] radials (NEION fix).'' The correct
proposed airway segment is ``between the Sault Ste. Marie, MI, VOR/DME
and the intersection of the Wiarton, ON, Canada, VOR/DME 150[deg]
radial and Toronto, ON, Canada, VOR/DME 304[deg] radial (BIGBE fix).''
Although the second V-36 airway segment proposed for removal was
described in error, the resulting V-36 airway information provided in
the proposal section, as well as the V-36 description contained in the
regulatory text section were both described correctly. Therefore, this
rule identifies the second airway segment being removed from V-36 as
``between the Sault Ste. Marie, MI, VOR/DME and the intersection of the
Wiarton, ON, Canada, VOR/DME 150[deg] radial and Toronto, ON, Canada,
VOR/DME 304[deg] radial (BIGBE fix)'' and retains the V-36 description
in the regulatory text section as was proposed.
Availability and Summary of Documents for Incorporation by Reference
This document amends FAA JO Order 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA JO Order 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA JO Order 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.
The Rule
This action amends 14 CFR part 71 by amending VOR Federal airways
V-36 and V-316, and revoking VOR Federal airway V-180. The planned
decommissioning of both the Elliot Lake, ON, Canada, NDB and the
Dryden, ON, Canada, NDB by NAV CANADA has made this action necessary.
[[Page 66454]]
The VOR Federal airway amendments and revocation are described
below.
V-36: V-36 extends between the Thunder Bay, ON, Canada, VOR/DME and
the intersection of the Wiarton, ON, Canada, VOR/DME 150[deg] radial
and Toronto, ON, Canada, VOR/DME 304[deg] radial (BIGBE fix); and
between the Elmira, NY, VOR/DME and the intersection of the La Guardia,
NY, VOR/DME 310[deg] and Stillwater, NJ, VOR/DME 043[deg] radials
(NEION fix). The airspace within Canada is excluded. This action
removes the airway segment between the Thunder Bay, ON, Canada, VOR/DME
and Wawa, ON, Canada, VOR/DME; and the airway segment between the Sault
Ste. Marie, MI, VOR/DME and the intersection of the Wiarton, ON,
Canada, VOR/DME 150[deg] radial and Toronto, ON, Canada, VOR/DME
304[deg] radial (BIGBE fix). The resulting airway extends between the
Wawa, ON, Canada, VOR/DME and the Sault Ste. Marie, MI, VOR/DME; and
between the Elmira, NY, VOR/DME and the intersection of the La Guardia,
NY, VOR/DME 310[deg] and Stillwater, NJ, VOR/DME 043[deg] radials
(NEION fix). The airspace within Canada remains excluded.
V-316: V-316 currently extends between the Ironwood, MI, VOR/DME
and the Sawyer, MI, VOR/DME; and between the Sault Ste. Marie, MI, VOR/
DME and the Sudbury, ON, Canada, VOR/DME. The airspace in Canada is
excluded. This action removes the airway segment between the Sault Ste.
Marie, MI, VOR/DME and the Sudbury, ON, Canada, VOR/DME, and the
exclusionary language. The resulting airway extends between the
Ironwood, MI, VOR/DME and the Sawyer, MI, VOR/DME.
V-180: V-180 currently extends between the International Falls, MN,
VOR/DME and the Dryden, ON, Canada, NDB. The airspace within Canada is
excluded. The airway is revoked in its entirety.
All radials in the VOR Federal airway descriptions below are
unchanged and stated in True degrees.
FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.
Regulatory Notices and Analyses
The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this rule, when
promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
Environmental Review
The FAA has determined that this action of amending VOR Federal
airways V-36 and V-316; and revoking VOR Federal airway V-180, to
mirror changes being made by NAV CANADA in Canadian airspace in support
of their Navigational Aid Modernization program, qualifies for
categorical exclusion under the National Environmental Policy Act (42
U.S.C. 4321 et seq.) and its implementing regulations at 40 CFR part
1500, and in accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 5-6.5a, which categorically excludes
from further environmental impact review rulemaking actions that
designate or modify classes of airspace areas, airways, routes, and
reporting points (see 14 CFR part 71, Designation of Class A, B, C, D,
and E Airspace Areas; Air Traffic Service Routes; and Reporting
Points). As such, this action is not expected to result in any
potentially significant environmental impacts. In accordance with FAA
Order 1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the
FAA has reviewed this action for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis. The FAA has determined
that no extraordinary circumstances exist that warrant preparation of
an environmental assessment or environmental impact study.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
0
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of FAA JO Order
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:
Paragraph 6010(a), Domestic VOR Federal airways.
* * * * *
V-36 [Amended]
From Wawa, ON, Canada; to Sault Ste. Marie, MI. From Elmira, NY;
INT Elmira 110[deg] and LaGuardia, NY, 310[deg] radials; to INT
LaGuardia 310[deg] and Stillwater, NJ, 043[deg] radials.
The airspace within Canada is excluded.
* * * * *
V-180 [Removed]
* * * * *
V-316 [Amended]
From Ironwood, MI; to Sawyer, MI.
* * * * *
Issued in Washington, DC, on November 16, 2021.
Michael R. Beckles,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-25484 Filed 11-22-21; 8:45 am]
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